Speculation as Sifuna welcomes Faith Odhiambo to Linda Mwananchi camp

Former Law Society of Kenya (LSK) president Faith Odhiambo has found herself at the centre of political speculation after appearing alongside leaders of the Linda Mwananchi faction of the opposition ODM party.

The speculation was triggered on Tuesday when ODM Secretary General Edwin Sifuna shared a group photograph featuring Odhiambo and several leaders associated with the faction, accompanied by a message welcoming her to the camp.

"Full parade to welcome Madam President. Welcome to Linda Mwananchi Faith Odhiambo," Sifuna wrote.

The photograph showed Odhiambo standing alongside the faction's leadership near a campaign caravan, a development that immediately sparked questions about whether the outspoken lawyer could be preparing to venture into active politics ahead of the 2027 General Election.

However, Odhiambo has not publicly commented on the photograph, Sifuna's remarks or any possible political ambitions.

As such, it remains unclear whether her appearance alongside the group signalled a formal political alignment, support for the faction, or simply attendance at an event involving its members.

A respected figure within Kenya's legal circles, Odhiambo has largely kept away from partisan politics throughout her career.

Her public profile has instead been built around legal advocacy, constitutionalism and the defence of human rights.

She made history in 2024 when she was elected the 51st president of the Law Society of Kenya, becoming only the second woman to hold the position after Raychelle Omamo.

Prior to that, she served as the society's vice president. While she has not previously been associated with any political formation, Odhiambo is widely known for her open criticism of government actions she considers unconstitutional or contrary to the rule of law.

That reputation was evident on Tuesday when she joined a growing list of legal experts weighing in on the High Court decision that upheld former Deputy President Rigathi Gachagua's 2024 impeachment despite finding that his right to a fair hearing had been violated during Senate proceedings.

In a detailed statement, Odhiambo said that while she respected the court's decision and the constitutional role of the Judiciary, the ruling raised important questions about the coherence of the country's remedial framework in constitutional litigation.

"The tension in the judgment lies in this, if the Senate's refusal to adjourn was a constitutional infirmity serious enough to warrant a finding of violation and a Sh50 million award, then the question that naturally follows is whether that infirmity was capable of tainting the entire removal process," she said.

According to Odhiambo, the right to a fair hearing is not merely procedural but a substantive constitutional guarantee, particularly in proceedings that can lead to the removal of a person from high public office.

She argued that courts handling matters of such magnitude must clearly explain how a process can be found to have violated constitutional rights while the outcome arising from that process remains valid.

Drawing parallels with the landmark 2017 presidential election petition, Odhiambo noted that the Supreme Court nullified the election not because it conclusively found the result to be wrong, but because the process leading to the outcome failed to comply with constitutional and legal requirements.

"That principle that a flawed process cannot produce a constitutionally valid outcome remains a pillar of our public law," she said.

A three-judge bench of the High Court found that the Senate violated Article 50 of the constitution after declining a request to adjourn impeachment proceedings when Gachagua was unable to attend due to illness and had been admitted to hospital.

Although the court awarded him Sh50 million in damages for the violation, it declined to overturn the impeachment, reasoning that doing so would create a constitutional crisis given that the country already has a legally appointed Deputy President in office.

Odhiambo expressed concern that the judgment could have far-reaching implications for future impeachment proceedings.

"My concern is about the precedent this decision may establish. If a constitutional violation during impeachment proceedings can be remedied by damages without disturbing the outcome, future Parliaments and Senates may not feel the full weight of their constitutional obligations when handling removal proceedings," she said.

Whether her appearance alongside the Linda Mwananchi faction marks the beginning of a political journey or proves to be a one-off engagement remains to be seen

For now, the only certainty is that her presence has generated considerable interest, with observers keenly watching for any indication of her next move.